Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
Although jail is restrictive, you still have many rights when you are incarcerated.
If your rights are not respected while you are in jail, you can contact a lawyer or one of the organizations listed here. Some important rights to remember are:
- the right to speak with a lawyer, especially in situations where you are facing a serious disciplinary charge due to an incident in jail or have been kept in administrative segregation (solitary confinement)
- the right to quality healthcare to the same standard as non-prisoners, including any treatment necessary for your health, some dental care for "acute" issues such as an issue causing pain or swelling, and essential mental health services
- the right to fairness in decisions made about you while in custody and, in most cases, the right to have those decisions reviewed, including decisions about security assessments, transfers, discipline and penalties
- rights guaranteed under the Canadian Human Rights Act and the Saskatchewan Human Rights Code, 2018
- rights guaranteed under the Canadian Charter of Rights and Freedoms, including the right not to be subjected to "cruel and unusual treatment"
Supreme Court Decisions
The Supreme Court of Canada recently made two important decisions concerning the rights of people in jail.
In one decision, they struck down a law (said it was not valid) that said that the test for proving a disciplinary offence committed in was lower than the test for proving a criminal offence (beyond a reasonable doubt). The Court said that this law went against the Charter right to be presumed innocent until proven guilty and the right to life, liberty and security of the person. Now disciplinary offences have to proven beyond a reasonable doubt. The case was brought to the Supreme Court by the John Howard Society of Saskatchewan. You can read a summary of the decision here.
In another decision, the Supreme Court ruled that those serving federal sentences have the right to challenge a decision denying a security reclassification and transfer to a lower security facility by bringing a habeas corpus application to court rather than relying on internal procedures and judicial review. You can read a summary of the decision here.
